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`No. 20-cv-9879 (AJN)
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`--------------------------------------------------------x
`E.G., individually and as parent and natural
`guardian of A.I. and L.I., minor children;
`M.M., individually and as parent and natural
`guardian of E.H., L.H., E.P., and E.P.,
`minor children; O.M., individually and as
`parent and natural guardian of A.M., a minor
`child; and COALITION FOR THE
`HOMELESS, on behalf of themselves and
`all others similarly situated,
`
`Plaintiffs,
`
`-against-
`
`THE CITY OF NEW YORK; NEW YORK
`CITY DEPARTMENT OF EDUCATION;
`MEISHA PORTER, as Chancellor of the New
`York City Department of Education; NEW
`YORK CITY DEPARTMENT OF SOCIAL
`SERVICES; STEVEN BANKS, as
`Commissioner of the New York City
`Department of Social Services; NEW YORK
`CITY DEPARTMENT OF HOMELESS
`SERVICES; JOSLYN CARTER, as
`Administrator of the New York City
`Department of Homeless Services; NEW
`YORK CITY HUMAN RESOURCES
`ADMINISTRATION; GARY JENKINS as
`Administrator of the New York City Human
`Resources Administration; NEW YORK CITY
`DEPARTMENT OF INFORMATION
`TECHNOLOGY AND
`TELECOMMUNICATIONS; and JESSICA
`TISCH, as Commissioner of the New York
`City Department of Information Technology
`and Telecommunications,
`
`:::::::::::::::::::::::::::::::::::::
`
` Defendants.
`--------------------------------------------------------x
`
`

`

`
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`[PROPOSED] STIPULATION AND ORDER OF SETTLEMENT
`
`WHEREAS, Plaintiffs commenced the instant lawsuit as a class action complaint on
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`November 24, 2020, alleging that Defendants violated federal and state law by denying homeless
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`students living in shelters their right to a sound basic education through their failure to provide
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`reliable internet service at shelters throughout the City;
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`WHEREAS, Plaintiffs filed an Amended Class Action Complaint on December 14, 2020.
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`WHEREAS, Defendants deny each and every allegation contained in the Amended Class
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`Action Complaint;
`
`WHEREAS, by order dated December 30, 2020, the Court denied Defendants’ request to
`
`deny the preliminary injunction motion based on the existing record and granted Plaintiffs’ request
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`for expedited discovery on all disputed factual issues in advance of an evidentiary hearing, but
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`otherwise did not grant any interim relief;
`
`WHEREAS, no finding of liability has been made;
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`WHEREAS, the parties desire to settle this action on terms and conditions just and fair to
`
`all parties;
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`WHEREAS, the parties have conducted extensive, arm’s-length negotiations to resolve
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`the issues in this action and have resolved those issues as specified in this Stipulation and Order
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`of Settlement (“Stipulation”);
`
`NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and
`
`between the undersigned, as follows:
`
`
`
`
`
`
`
`

`

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`I. DEFINITIONS
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`1. Altice: Altice USA, an American cable television provider with headquarters in New
`
`York City. References to Altice are inclusive of any representatives, agents, employees, directors,
`
`managers, contractors, or subcontractors Altice might employ.
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`2. Charter:
`
` Charter Communications or Charter Spectrum, an American
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`telecommunications and mass media company headquartered in Stamford, Connecticut.
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`References to Charter are inclusive of any representatives, agents, employees, directors, managers,
`
`contractors, or subcontractors Charter might employ.
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`3. Class Member: Any individual who is a member of the Class as defined in paragraph
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`18.
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`4. Dashboard Spreadsheet: The Excel spreadsheet tracking the progress of Defendants’
`
`Shelter WiFi installation process that is primarily maintained and updated by the New York City
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`Department of Information Technology and Telecommunications (“DoITT”), and that contains the
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`following three tabs: (1) a tab with data reflecting a “dashboard” summary of the installation
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`progress; (2) a tab specific to Charter and its shelter-level installation progress; and (3) a tab
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`specific to Altice and its shelter-level installation progress.
`
`5. Defendant or Defendants: The following Defendants that Plaintiffs named in the
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`Amended Complaint: the City of New York; New York City Department of Education (“DOE”);
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`Meisha Porter, as Chancellor of DOE; New York City Department of Social Services (“DSS”);
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`Steven Banks, as Commissioner of DSS; New York City Department of Homeless Services
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`(“DHS”); Joslyn Carter, as Administrator of DHS; New York City Human Resources
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`Administration (“HRA”); Gary Jenkins as Administrator of HRA; DoITT; and Jessica Tisch, as
`
`
`
`2
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`

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`Commissioner of DoITT; or any representatives, agents, or employees acting on Defendants’
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`behalf.
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`6. DHS Shelter for Families with Children: Any of the buildings or commercial hotels
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`operated or supervised by Defendant DHS that provide shelter in New York City for families with
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`school-aged minor children experiencing homelessness.
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`7. Effective Date: The date on which this Stipulation is entered as an order of the Court.
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`8. HRA Domestic Violence Shelter: Any of the buildings operated or supervised by HRA
`
`that provide shelter in New York City for families who are survivors of domestic violence and
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`have school-aged minor children.
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`9. Learning Bridges: A New York City program that provides free child care options for
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`children 3-K through 8th grade enrolled in blended learning on the days that they are scheduled
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`for remote learning, or, for children 3-K through 8th grade enrolled in 100% remote learning, on
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`any School Day.
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`10. DOE Helpdesk Data: An Excel spreadsheet containing the raw underlying data of
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`Helpdesk technical support requests from and/or outreach to families residing in Shelters.
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`11. School Day: Any day during which school is in session at schools of the New York
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`City school district.
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`12. Settlement Period: The period of time from the Effective Date until the termination of
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`the Court’s jurisdiction over this action upon either: the completion of in-unit WiFi installation at
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`all Shelters listed on Exhibit A; or the date on which DOE schools return to full-time in-person,
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`non-blended instruction without any threshold that would trigger the return to blended or remote
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`learning, whichever is earlier.
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`
`
`3
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`

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`13. Shelter or Shelters: Any of the DHS Shelters for Families with Children or HRA
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`Domestic Violence Shelters.
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`14. Shelter Provider or Provider: Any entity that, through contractual, licensing, or other
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`arrangements with DHS or HRA, operates or runs any Shelter, or DHS or HRA itself, to the extent
`
`it directly operates Shelters.
`
`15. Shelter Staff: Any employee of an entity that, through contractual, licensing, or other
`
`arrangements with DHS and/or HRA, operates or runs any Shelter, including DHS or HRA
`
`themselves.
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`16. Substantially Complete: With respect to WiFi installation, substantially complete
`
`means that in-unit modems and routers have been installed in each Shelter unit, except with respect
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`to Shelters that have installed hallway access points as indicated in Exhibit A, where in-unit
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`modems and routers will be installed after other shelters on Exhibit A are completed; and/or where
`
`factors outside of Defendants’ control or unexpected issues relating to construction or access have
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`delayed WiFi installation.
`
`II. CLASS CERTIFICATION
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`17. For purposes of settlement, the parties agree to certification of a mandatory Class under
`
`Rule 23(b)(2) of the Federal Rules of Civil Procedure.
`
`18. The Class shall be defined as all 3-K to 12th grade students, and custodial parents or
`
`guardians of such students, who are enrolled in any school, whether public or non-public, who
`
`currently reside in or resided in DHS Shelters for Families with Children and/or HRA Domestic
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`Violence Shelters operated by or on behalf of the City of New York and/or any of its agencies at
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`any time from March 26, 2020 through the end of the Settlement Period, and who lack or lacked
`
`
`
`4
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`

`

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`reliable internet access inside said shelters (the “Class”) at any time from March 26, 2020 through
`
`the end of the Settlement Period.
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`III. SETTLEMENT PROCEDURES
`
`19. The parties shall take all necessary steps to obtain Court approval of this Order.
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`20. Promptly after this Stipulation has been fully executed, Plaintiffs’ Counsel shall make
`
`a motion to the Court for preliminary approval of the settlement, which includes certification of a
`
`mandatory class, as defined in Paragraph 18, for settlement purposes. Defendants shall not oppose
`
`this motion. Plaintiffs’ Counsel shall also request that, if the Court certifies a class for settlement
`
`purposes, the Court enter an Order for Notice and Hearing, in a form to be agreed upon by the
`
`parties, setting procedures and a date for a fairness hearing on the proposed settlement and
`
`approving a notice of settlement to be provided to putative class members (the “Settlement
`
`Notice”).
`
`21. If and when a class is certified for settlement purposes, DSS shall post and/or direct
`
`Shelter Providers to post copies of the Settlement Notice, in a form to be agreed upon by the
`
`parties, at the DHS Shelter for Families with Children intake center (PATH) and every Shelter in
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`which school-aged children reside within ten (10) business days of the date of the Court’s order
`
`for Notice and Hearing. DOE will additionally post the Settlement Notice on the Students in
`
`Temporary Housing page of the DOE website. The Legal Aid Society and Coalition for the
`
`Homeless will post copies of the Settlement Notice on their respective websites within ten (10)
`
`business days of the Court’s order for Notice and Hearing. Defendants shall solely be responsible
`
`for all costs associated with posting the Settlement Notice at DHS Shelter for Families with
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`Children and HRA Domestic Violence Shelter facilities.
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`
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`5
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`22. If (i) the Court denies the agreed-upon certification of a mandatory settlement class;
`
`(ii) the Court declines to enter the Order for Notice and Hearing; or (iii) the Court refuses to
`
`approve this Stipulation or any material part of it (“Court Denial Events”), the parties shall within
`
`seven (7) business days of any Court Denial Event enter into this settlement agreement on the
`
`terms contained herein less paragraphs 3, 17, 18, 20-22 and any reference to class members shall
`
`be removed (“Revised Stipulation”), except that if any Court Denial Event occurs after the date
`
`when Defendants have Substantially Completed WiFi installation at all shelters listed on Exhibit
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`A or after DOE schools have returned to full-time in-person, non-blended instruction without any
`
`threshold that would trigger the return to blended or remote learning, whichever is earlier,
`
`Defendants or Plaintiffs’ Counsel have the right to terminate the settlement and this Stipulation by
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`providing written notice of their election to do so within seven (7) business days of any Court
`
`Denial Event. All provisions of this Stipulation except those relating to class certification would
`
`apply to the Revised Stipulation.
`
`IV. PARTIES’ OBLIGATIONS
`
`23. The provisions of this Stipulation and the parties’ obligations pursuant to it shall extend
`
`only from the date of execution of this Stipulation until the end of the Settlement Period. Once
`
`the Settlement Period has ended, the parties’ obligations and the Court’s jurisdiction automatically
`
`end, and the parties will execute and file a Stipulation of Dismissal with prejudice.
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`24. All iPads, tablets, SIM cards, and individual hotspots referenced in this Stipulation and
`
`Order refer only to DOE-issued devices. Any obligation to provide devices or services as
`
`described in this Stipulation and Order shall only be to students that DOE determines are eligible
`
`to receive such devices or services.
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`
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`6
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`25. Defendants shall Substantially Complete WiFi installation no later than August 31,
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`2021.1
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`26. DSS shall instruct Shelter Providers to continue to affix prominent signage in all
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`Shelters alerting residents, in all Local Law 30 languages, to the availability of the DOE Helpdesk
`
`and technical support.
`
`27. DSS shall instruct Shelter Providers to give each Shelter residence a fact sheet
`
`containing information, in the applicable Local Law 30 language, regarding the availability of the
`
`DOE Helpdesk and technical support. The fact sheet will be delivered to each unit reasonably
`
`promptly following the parties’ execution of the Stipulation.
`
`28. DSS shall instruct Shelter Providers to give each new Shelter family, as part of the
`
`intake and arrival process, a fact sheet containing information, in the applicable Local Law 30
`
`language, regarding the availability of the DOE Helpdesk.
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`29. DSS shall instruct Shelter Providers to discuss the status of residents’ internet
`
`connectivity during regularly scheduled meetings with Shelter case managers.
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`30. DOE shall ensure that, for all families who report an iPad-related issue to the Helpdesk,
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`DOE will (a) reach out to those families within one (1) School Day of receiving the report; (b)
`
`undertake best efforts to determine via the Helpdesk if there is a need to exchange a DOE-provided
`
`SIM card, tablet, or individual hotspot, where appropriate, within two (2) School Days of speaking
`
`with the families; and (c) if there is such a need, undertake best efforts to schedule the exchange
`
`within three (3) School Days of determining that there is a need.
`
`
`1 This provision shall be understood to be inclusive of any additional Shelters that are opened subsequent
`to the creation of Exhibit A and in operation by August 31, 2021. To the extent a Shelter that is currently
`included on Exhibit A is planned to be opened by August 31, 2021, but such opening is delayed beyond
`August 31, 2021, the parties agree that the Shelter will be removed from Exhibit A. The parties also
`agree that Defendants may amend Exhibit A to remove a Shelter that is closed or no longer used as a
`shelter for families with school-aged children.
`
`
`
`7
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`

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`31. With respect to Shelters where in-unit WiFi installation will not be complete by April
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`1, 2021:
`
`a.
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`Defendants have identified the Shelters from Exhibit A that are not
`
`anticipated to have in-unit WiFi installed by April 1, 2021 (hereinafter, “Exhibit B);2 and
`
`b.
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`Within ten (10) School Days of receiving a final Exhibit B from Defendants,
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`Plaintiffs shall identify any Shelters from Exhibit B at which eight (8) or more families residing
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`at the shelter report issues with cellular internet connectivity, and provide Defendants with
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`supporting documentation of such reports (“Plaintiffs’ Initial Reporting”).
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`32. Upon receipt of Plaintiffs’ Initial Reporting, Defendants shall respond as follows for
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`any Shelters identified in Plaintiffs’ Initial Reporting (the “Tier 1 Response”):
`
`a.
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`DSS shall, within two (2) business days of receiving Plaintiffs’ Initial
`
`Reporting, instruct Shelter staff to speak directly with each family at the Shelter to
`
`communicate the availability of the DOE Helpdesk and technical support, provided that such
`
`families have school-aged children, are in the shelter, and make themselves available for such
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`direct communication; and
`
`b.
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`DOE shall, within two (2) School Days of receiving Plaintiffs’ Initial
`
`Reporting, instruct T-Mobile and Verizon to conduct testing at any such Shelters to assess the
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`connectivity of SIM cards and/or individual hotspots utilizing T-Mobile or Verizon. Where
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`that testing indicates a level of cellular service for those carriers that is insufficient to meet the
`
`needs of remote learning, DOE shall undertake best efforts to have tests for cellular
`
`connectivity of alternative cellular carriers performed at those Shelters within two (2) School
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`Days of receiving the Verizon and T-Mobile results. If the level of cellular service of those
`
`
`2 Defendants may provide an amended Exhibit B to Plaintiffs after the date of the parties’ execution of
`this Stipulation.
`
`
`
`8
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`alternative carriers is determined to be sufficient to meet the needs of remote learning, DOE
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`shall provide SIM cards and/or individual hotspots from those carriers to replace T-Mobile or
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`Verizon SIM cards and/or individual hotspots, where appropriate; and
`
`c.
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`DOE shall, within one (1) School Day of receiving Plaintiffs’ Initial
`
`Reporting, reach out to Shelter Staff to assess the need for on-site technical support. If such
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`support is warranted at and requested by a Shelter or Shelter Staff, DOE shall deploy a
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`technical team to provide support to any family reporting issues or requesting such support,
`
`including but not limited to SIM card swaps and signal boosting if appropriate; and
`
`d.
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`DOE shall determine the eligibility of children of identified families
`
`reporting issues for Learning Bridges placements who provide sufficient information so that a
`
`determination can be made, and make offers of enrollment to eligible children; and
`
`e.
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`For Shelters where community WiFi hotspots currently exist within 200 feet
`
`of the building, DoITT shall instruct Charter and/or Altice to make such hotspots available for
`
`any identified and contactable family for whom connectivity through the hotspot exceeds
`
`connectivity using cellular data, subject to feasibility and security concerns. Defendants make
`
`no representations or guarantees that the connectivity provided by the hotspot will be sufficient
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`for remote learning.
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`33. Where Plaintiffs have received reports that do not meet the eight (8) family threshold
`
`but nonetheless contain documented qualitative evidence of a cellular connectivity issue at the
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`Shelter level, DOE shall, within two (2) School Days of receiving the reports, conduct testing of
`
`cellular internet connectivity. Defendants will then provide a report to Plaintiffs with Defendants’
`
`course of action, which may include one or more of the Tier 1 Responses.
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`9
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`34. For any Shelters identified in Plaintiffs’ Initial Reporting where families consented to
`
`accepting Defendants’ assistance and are contactable by Defendants, and Defendants have been
`
`unable to resolve those families’ cellular internet connectivity problems through Tier 1 Response
`
`measures or other alternatives, Defendants shall respond as follows (“Tier 2 Response”):
`
`a.
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`DHS and/or HRA shall, within one (1) week of the date on which the Tier
`
`1 Responses have been unsuccessfully exhausted, determine whether it is possible to offer to
`
`relocate the family to another unit within the same Shelter or to a unit in another Shelter with
`
`internet connectivity that is sufficient for remote learning; and/or
`
`b.
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`DoITT shall confer no more than twice a month with Charter or Altice (as
`
`applicable) to determine whether it is possible to expedite the installation of WiFi at the
`
`affected shelter.
`
`c.
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`Prior to the transfer of any student to a different unit in any Shelter, or to a
`
`new Shelter location, including as a conditional placement in the DHS shelter system, DSS
`
`shall confirm that there is sufficient connectivity in that unit. Sufficient connectivity is not
`
`construed to mean “in-unit” WiFi and may include shared WiFi solutions and/or cellular
`
`connectivity. Nothing herein will restrict DSS’ ability to close facilities that are planned to
`
`close.
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`35. If, at any time after Plaintiffs’ Initial Reporting, Plaintiffs’ Counsel becomes aware of
`
`any Shelter that meets the criteria for Plaintiffs’ Initial Reporting and at which WiFi has not yet
`
`been installed, Plaintiffs’ Counsel shall inform Defendants’ counsel and provide supporting
`
`documentation of such reports (“Plaintiffs’ Subsequent Reporting”). If Plaintiffs’ Subsequent
`
`Reporting identifies a shelter at which WiFi installation is not scheduled to be completed within
`
`
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`10
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`two (2) weeks of the date on which Plaintiffs’ Counsel provide the Subsequent Reporting,
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`Defendants will follow the Tier 1 Response and, if applicable, the Tier 2 Response, procedures.
`
`36. For Plaintiffs’ Initial or Subsequent Reporting, Plaintiffs shall provide all information
`
`available to Plaintiffs that identifies the Shelter(s) (e.g. shelter name and address) and the
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`student(s) reporting internet connectivity issues, subject to Plaintiffs obtaining the family/ie(s)’ or
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`student(s)’ consent to provide personal identifying information to DOE for the purpose of assisting
`
`them with their internet connectivity issues. Plaintiffs will undertake best efforts to obtain consent
`
`from families and/or students to provide personal identifying information to DOE.
`
`37. Plaintiffs’ Counsel and Defendants’ Counsel shall schedule meetings at least twice per
`
`month to discuss the status of WiFi installation at Shelters where installation is not yet complete
`
`until Defendants have completed installation at all Shelters on Exhibit A other than those Shelters
`
`that have installed hallway access points where in-unit modems and routers will be installed after
`
`other shelters on Exhibit A are completed or have not yet opened. The parties reserve the right to
`
`agree to cancel scheduled meetings or meet more frequently as needed.
`
`38. At least twice per month until Defendants have completed installation at all Shelters
`
`on Exhibit A other than those Shelters that have installed hallway access points where in-unit
`
`modems and routers will be installed after other shelters on Exhibit A are completed or have not
`
`yet opened, Defendants will provide to Plaintiffs’ Counsel the most updated Dashboard
`
`Spreadsheet and DOE Helpdesk Data concerning connectivity issues in Shelters. Defendants are
`
`under no obligation to perform quality control regarding the DOE Helpdesk Data prior to providing
`
`it to Plaintiffs’ counsel.
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`39. The parties reserve the right to agree to exchange additional information as needed.
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`
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`11
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`V. JURISDICTION
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`40. The parties agree to submit all disagreements arising under or relating to this
`
`Stipulation to the Court, and hereby consent to the Court’s exercise of jurisdiction over all such
`
`disagreements.
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`41. The Court’s jurisdiction over this Agreement shall terminate at the end of the
`
`Settlement Period.
`
`VI. ENFORCEMENT
`
`42. From the date of execution of this Stipulation until the end of the Settlement Period, if
`
`Plaintiffs’ counsel believes that Defendants have failed to substantially comply with the provisions
`
`of this Stipulation, Plaintiffs’ Counsel shall notify Defendants’ Counsel in writing of the nature
`
`and specifics of the alleged failure to comply and shall specify the basis for such belief, including
`
`any reports upon which such belief is based. Such written notice shall be provided at least fifteen
`
`(15) calendar days before any motion is made for enforcement of this Stipulation, unless it is not
`
`possible to provide fifteen (15) calendar days’ notice due to exigent circumstances (in which case
`
`Plaintiffs will provide as much notice as is practicable). During the fifteen-day period following
`
`notice, the parties’ counsel shall meet in an attempt to arrive at a resolution of the alleged failure
`
`to comply.
`
`43. If no resolution is reached within fifteen (15) days from the date of notice, Plaintiffs
`
`may move the Court for an order enforcing the provisions of this Stipulation of which they
`
`provided notice of substantial noncompliance to Defendants under the terms of this Stipulation.
`
`In the event that the parties agree to a plan to cure an alleged violation and Plaintiffs believe the
`
`violation has still not been cured, Plaintiffs must provide at least ten (10) days’ notice before any
`
`motion is made for enforcement of this Stipulation.
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`
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`12
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`VII. RELEASE
`
`44. Upon the Effective Date, the Plaintiffs, Class Members, and their heirs, administrators,
`
`representatives, successors, and assigns, and each of them, hereby release and discharge the City
`
`of New York and its agencies (including, but not limited to, the New York City Department of
`
`Social Services, the New York City Human Resources Administration, the New York City
`
`Department of Homeless Services, the New York City Department of Information Technology and
`
`Telecommunications) and the New York City Department of Education, and their divisions,
`
`departments, officers, employees, agents, successors and assigns from any and all Settled Claims.
`
`Settled Claims are any and all claims or rights of action that were or could have been asserted in
`
`this Action by the Plaintiffs and/or all Class Members that arise out of, relate to, or are based upon
`
`the allegations, transactions, facts, matters, or occurrences, representations, or omissions involved,
`
`set forth, or referred to in the Amended Class Action Complaint.
`
`45. Plaintiffs’ Counsel are not currently aware of and are not planning to assert on behalf
`
`of any client, additional claims arising from the facts alleged in the Amended Class Action
`
`Complaint. Plaintiffs’ Counsel agree not to solicit new clients for the purpose of asserting any
`
`such claims or advising on any such claims during the Settlement Period. Nothing in this
`
`paragraph shall be construed to restrict, in a manner in contravention of the law of any U.S. state,
`
`Plaintiffs’ Counsel’s right to practice law.
`
`VIII. GENERAL PROVISIONS
`
`46. The Protective Order regarding confidential information, entered by the Court on
`
`January 19, 2021, shall remain in effect without regard to the termination of this Stipulation.
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`47. Any information or documents provided by one party to the other shall be subject to
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`the provisions of the Protective Order entered on January 19, 2021.
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`48. Nothing contained in this Stipulation and Order shall be deemed to be a finding or an
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`admission that Defendants have in any manner violated Plaintiffs’ or any Class Members’ rights
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`as contained in the Constitution, Statutes, Ordinances, Rules, and/or Regulations of the United
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`States, the State of New York, or the City of New York or at common law.
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`49. Nothing in this Stipulation and Order shall create any rights or obligations other than
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`those expressly described herein, or otherwise provided by law.
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`50. If, pursuant to Paragraph 22, the Stipulation is terminated, or if, for any other reason,
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`the Effective Date does not occur or the Stipulation is cancelled, terminated, or fails to become
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`final in accordance with its terms, the parties shall be restored to their respective positions prior to
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`the execution of this Stipulation and all releases delivered in connection with the Stipulation shall
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`be null and void. In such event, the terms and provisions of the Stipulation shall have no further
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`force and effect with respect to the parties, including any Class Member, and shall not be used in
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`this action or in any other proceeding for any purpose.
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`51. This Stipulation shall not be admissible in, nor is it related to, any other proceeding.
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`52. This Stipulation is enforceable only by the Court and by the parties and is binding upon
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`the parties, by and through their officials, agents, employees, assigns, and successors.
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`53. Pursuant to this Stipulation, if the Court approves the settlement, Plaintiffs and
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`Plaintiffs’ counsel waive all rights or claims to attorneys’ fees or costs incurred in this litigation,
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`including the implementation of this Stipulation.
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`54. This Stipulation contains all the terms and conditions agreed upon by the parties hereto,
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`and no oral agreement entered into at any time or written agreement entered into prior to the
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`execution of this Stipulation regarding the subject matter of the instant action shall be deemed to
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`bind the parties hereto or to vary the terms and conditions contained herein.
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`55. All written notifications sent pursuant to this Stipulation and all other correspondence
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`concerning this Stipulation shall be sent by electronic mail to the following addresses, or to such
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`other address as the recipient named below shall specify by notice in writing:
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`To Plaintiffs’ Counsel
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`Susan J. Horwitz
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`Joshua Goldfein
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` Beth Hofmeister
` Kathryn Kliff
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`The Legal Aid Society
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`199 Water Street
` New York, NY 10038
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`shorwitz@legal-aid.org
`jgoldfein@legal-aid.org
`bchofmeister@legal-aid.org
`kkliff@legal-aid.org
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`Grant R. Mainland
`Alison Bonelli
`Emily Lilburn
`Maria Esperanza Ortiz
`Milbank LLP
`55 Hudson Yards
`New York, NY 10001
`gmainland@milbank.com
`abonelli@milbank.com
`elilburn@milbank.com
`mortiz@milbank.com
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`To Defendants’ Counsel
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`Sabita Krishnan
`Melanie Ash
`Hope Lu
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`New York City Law Department
`100 Church Street
`New York, NY 10007
`skrishna@law.nyc.gov
`mash@law.nyc.gov
`hlu@law.nyc.gov
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`56. This Stipulation and Order of Settlement is final and binding upon the parties, their
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`successors, and their assigns.
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`Dated: April 5, 2021
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`New York, New York
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`THE LEGAL AID SOCIETY
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`Susan J. Horwitz
`Joshua Goldfein
`Beth Hofmeister
`Kathryn Kliff
`199 Water Street
`New York, NY 10038
`Telephone: (212) 577-3300
`SHorwitz@legal-aid.org
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`MILBANK LLP
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`Grant R. Mainland
`Alison Bonelli
`Emily Lilburn
`Maria Esperanza Ortiz
`55 Hudson Yards
`New York, NY 10001
`Telephone: (212) 530-5251
`GMainland@milbank.com
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`Attorneys for Plaintiffs
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`Case 1:20-cv-09879-AJN-DCF Document 78-1 Filed 04/05/21 Page 19 of 20Case 1:20-cv-09879-AJN-DCF Document 79 Filed 04/06/21 Page 18 of 19
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`DATED: April 5, 2021
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`JAMES E. JOHNSON, CORPORATION
`COUNSEL OF THE CITY OF NEW YORK
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`Sabita Krishnan
`Melanie Ash
`Hope Lu
`New York City Law Department
`100 Church Street, 20th Floor
`New York. NY 10007
`Telephone: (212) 356-2273
`skrishna@law.nyc.gov
`Atorneys for Defendants
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